OFFICERS. 


President, 

THOMAS  S.  FERNON. 


Directors, 


ISAAC  S.  WATERMAN, 
JOHN  BROCK, 

JOHN  WELSH,  Jr. 

CHAS.  W.  CHURCHMAN. 
J.  GILLINGHAM  FELL, 
JOHN  JORDAN,  Jr. 


ISAAC  R.  DAVIS, 

JACOB  M.  THOMAS, 
CHARLES  HENRY  FISHER, 
ALGERNON  S.  ROBERTS, 
JOHN  O.  JAMES, 

JOHN  ELY. 


Treasurer 


WILLIAM  WISTER. 


Secretary,  %*  y  - 


EDWARD  ARMSTRONG. 


Solicitor,  r 
JOHN  J>.  BROCK. 


'hief  Engineer, 
EDWARD  MILLER, 


•i; 


-  . ' 


a- 

AN  ACT  TO  INCORPORATE 

THE 

PHILADELPHIA,  EASTON  AND  WATER-GAP 

RAILROAD  COMPANY, 

<T  - — - 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania,  in  General  Assembly  met, 
and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That  John  0.  Commissioners. 
James,  Samuel  H.  Gillingham,  Andrew  Manderson,  Elwood  M. 

Smith,  Josiah  Brant,  William  E.  Morris,  Isaac  S.  Waterman,  John 
Jordan,  William  P.  Brock,  William  B.  Hart,  Charles  Santee,  Joseph 
M.  Hollingshead,  Harry  Conrad,  John  Gilbert,  James  S.  Young, 

Solomon  Smith,  Thomas  Taylor,  William  Baiguel,  John  Ely,  Wil¬ 
liam  C.  Ludwig,  Samuel  H.  Bush,  Daniel  Dalby,  Benjamin  Kemerer, 

S.  M.  Bunn,  George  Barron,  James  Shields,  Charles  Koons,  Milton 
Cooper,  Henry  Budd,  John  T.  Maull,  John  Thomason,  Joseph  M. 

Thomas,  and  Peter  Sieger,  of  Philadelphia  County;  William  T. 

Bogers,  John  Brown,  C.  E.  Wright,  Stephen  Brock,  John  B.  Pugh, 

William  S.  Hendrie,  B.  Thornton,  B.  Watson,  William  Carr,  and 
E.  J.  Eox,  of  Bucks  County;  Peter  Ihrie,  M.  H.  Jones,  Jacob 
Wagner,  William  H.  Lawall,  Michael  Butz,  Jacob  Bader,  George 
Troxell,  Jacob  Bice,  Augustus  Wolle,  G.  IT.  Goundie,  J.  J.  Levers, 

William  Beitel,  Samuel  Straub,  James  M.  Porter,  and  Samuel  Tay- 
0  lor,  of  Northampton  County;  and  Joseph  Lukens,  John  Shaffer,  Sr., 

..George  Sechler,  Jacob  Wentz,  Henry  Dickenson,  of  Montgomery 
-  County,  or  any  three  of  them,  be,  and  they  are  hereby  appointed 
Commissioners,  to  open  books,  receive  subscriptions,  and  organize  a 
Company  by  the  name,  style  and  title  of  “The  Philadelphia,  Easton  Name. 
and  Water-Gap  Bailroad  Company,”  with  power  and  authority 
to  construct  a  Bailroad,  beginning  at  a  point  North  of  Yine  street,  Location. 

*n  the  County  of  Philadelphia,  and  thence  by  the  most  expedient 

and  practicable  route,  to  or  near  the  Borough  of  Easton,  or  some 

other  point  in  Northampton  County,  with  the  right  to  extend  said  Extension. 

Bailroad  to  any  point  or  place  in  Monroe  or  Pike  Counties,  and  to 

connect  with  the  Delaware,  Lehigh,  Schuylkill  and  Susquehanna  Connections. 


dC 


f 45739 


6 


Railroad,  the  Delaware  and  Cobb’s-Gap  Railroad,  and  the  New  York 

and  Erie  Railroad,  or  any  other  Railroad  which  may  have  connected 

with  it,  in  Pennsylvania,  subject  to  all  the  provisions  and  restrictions 

General  Rail-  0f  AN  ACT  REGULATING  RAILROAD  COMPANIES,  approved  the  nine- 
road  Law.  #  1 x 

teenth  day  of  February,  one  thousand  eight  hundred  and  forty-nine, 
so  far  as  the  same  are  not  altered  or  supplied  by  this  act :  and  the  said 
P hiladelphia,  Easton  and  Water-Gap  Railroad  Company  shall  have 
the  right,  subject  to  the  provisions  and  restrictions  of  the  Act  afore- 
Branch  roads,  to  connect  their  Railroad  by  lateral  or  branch-roads,  with  any 

Railroad  constructed  or  to  be  constructed,  in  any  of  the  Counties 
through  which  the  same  may  pass,  and  also  to  construct  one  or  more 
bridges  across  the  river  Delaware,  and  to  connect  by  one  or  more 

New  Jersey  con-  ° 

nections.  lateral  or  branch-roads,  with  any  Railroad  or  other  public  improve¬ 
ment  in  the  State  of  New  Jersey. 

Capital  stock.  Section  2.  That  the  Capital  Stock  of  the  said  Company  shall 
consist  of  thirty  thousand  shares.  Provided ,  That  the  said  Company 
may,  from  time  to  time,  by  a  vote  of  the  Stockholders  at  a  meeting 
called  for  the  purpose,  increase  the  Capital  Stock,  if  it  shall  be 
deemed  necessary,  to  an  amount  sufficient  to  carry  out  the  true 
intent  and  meaning  of  this  Act.  For  the  purpose  of  completing  and 
equipping  the  said  Railroad,  the  said  Company  shall  have  the  power 
money?0 borr°W  borrowing  any  sum  not  exceeding  two  millions  of  dollars,  at  a  rate 
of  interest  not  exceeding  seven  per  centum  per  annum,  and  to  secure 
the  payment  of  the  same  by  the  issue  of  bonds  and  a  mortgage  of  the 
said  Railroad,  together  with  the  corporate  rights  and  franchises 
granted  by  this  Act,  and  to  annex  to  the  said  bonds  and  mortgage 
the  privilege  of  converting  the  same  into  Capital  Stock  of  the  said 
Company  at  par,  at  the  option  of  the  holders,  if  they  shall  signify 
their  election  in  writing  so  to  convert  the  same  one  year  before 
their  maturity.  Provided ,  That  the  said  Campany  shall  issue  no 
certificate  of  loan  of  less  denomination  than  one  hundred  dollars. 


Section  3.  That  said  Company  shall  have  power  to  connect  with 
Jinks  at  different  any  Railroad  belonging  to  any  other  Company  using  part  of  said 
route,  in  any  and  every  case  where  it  may  be  deemed  inexpedient  for 
a  time  to  build  the  whole  of  the  road  authorized  by  this  act ;  and  said 
Company  shall  have  as  full  power  and  control  over  the  part  or  parts 
built  by  said  Company,  in  every  respect,  as  if  said  Company  had  built 
the  whole  of  the  road  authorized  by  this  Act. 


.  Section  4.  That  if  the  said  Company  shall  not  commence  the 

N  Time  for  com-  *  J 

\  and  construction  of  said  road  within  five  years,  and  complete  it  in  ten 

years  from  the  passage  of  this  Act,  the  same  shall  be  null  and  void, 


7 


except  so  far  as  the  same  may  he  necessary  to  settle  up  the  affairs 
and  pay  the  debts  of  said  Company. 

JOHN  S.  RHEY, 

Speaker  of  the  House  of  Representatives. 

JOHN  H.  WALKER, 
Speaker  of  the  Senate . 

Approved  the  Eighth  day  of  April,  A.  D.,  one- thousand  eight- 
hundred  and  fifty-two. 

WM.  BIGLER. 


SECRETARY’S  OFFICE. 


Pennsylvania ,  ss : 

I  do  hereby  certify ,  that  the  foregoing  and  annexed  is  a  true  and 
correct  copy  of  the  original  Act  of  the  General  Assembly,  as  the 
same  remains  on  file  in  this  office. 

In  testimony  whereof ,  I  have  hereunto  set  my  hand,  and  caused 
the  Seal  of  the  Secretary’s  Office  to  be  hereunto 
[seal.]  affixed,  at  Harrisburg,  this  Twenty-sixth  day  of  May, 
A.  D.,  one-thousand  eight-hundred  and  fifty- two. 

E.  S.  GOODRICH, 

Deputy  Secretary  of  the  Commonwealth . 


MUNICIPAL  CORPORATIONS 


Corporations 
empowered  to 
subscribe. 


Certificates  of 
loan  received  : 
cash. 


Sale  of  bonds. 


Limit  to  munici¬ 
pal  subscription 


Authorized  to  Subscribe  to  the  Capital  Stock  of  the  Philadel¬ 
phia,  Easton  and  Water-Gap  Railroad  Company. 


Section  4.  That  it  shall  be  lawful  for  the  constituted  authorities 
of  the  City  of  Philadelphia,  the  incorporated  districts  in  the  County 
of  Philadelphia,  the  Borough  of  Easton  in  the  County  of  Northampton, 
and  the  counties  of  Monroe  and  Pike,  or  either  of  them,  to  subscribe 
for  shares  in  the  Capital  Stock  of  the  Philadelphia,  Easton  and  Water 
Gap  Bailroad  Company,  to  borrow  money  to  pay  therefor,  and  to 
make  provision  for  the  principal  and  interest  of  the  money  so  bor¬ 
rowed,  as  in  other  cases  of  loans  to  said  City,  Counties,  Boroughs, 
and  Townships,  respectively j  and  no  certificate  of  loan  or  bond  shall 
be  for  a  less  sum  than  one  hundred  dollars,  and  shall  be  transferable 
only  on  the  books  of  the  respective  City,  Districts,  Counties  and 
Boroughs,  kept  for  that  purpose ;  and  the  certificates  of  loans  or 
1  bonds  issued  or  to  be  issued  by  such  authorities,  for  the  purpose 
aforesaid,  bearing  an  interest  of  six  per  cent,  per  annum,  payable 
half-yearly,  shall  be  received  as  cash  at  par  by  the  said  Company  in 
payment  of  the  instalments  or  shares  subscribed,  as  aforesaid :  and 
the  said  City,  Counties,  Boroughs  and  Townships,  respectively,  may 
vote  at  the  elections  of  said  Company,  by  their  officers  specially  au¬ 
thorized  for  the  purpose,  in  the  same  manner  as  individual  stock¬ 
holders  ;  and  the  said  Company  shall  not  sell  or  dispose  of,  below 
their  par  value,  any  bonds  received  in  payment  of  stock  subscrip¬ 
tions,  as  aforesaid,  without  giving  at  least  sixty  days’  notice  to  the 
municipal  corporation  having  issued  the  same,  that  an  instalment  or 
instalments  have  been  called  in  upon  said  stock ;  and  if  the  said  cor¬ 
porations  shall  pay  the  instalment  or  instalments  so  called,  the  bonds 
shall  be  returned  to  them ;  but,  upon  their  failure  to  make  such 
payments,  the  Company  shall  have  power  to  dispose  of  said  bonds  to 
the  best  advantage :  Provided ,  that  no  subscription  made  by  any 
municipal  corporation,  authorized  by  this  section  to  subscribe  to  the 
Capital  Stock  of  said  Company,  shall  exceed  ten  per  cent  on  the 
assessed  valuation  of  the  real  and  personal  estate  in  the  City,  Dis¬ 
trict,  Borough,  or  County,  making  such  subscription. 


9 


SECRETARY’S  OFFICE. 


Pennsylvania ,  ss : 

1  do  hereby  certify ,  that  the  foregoing  and  annexed  is  a  true  and 
correct  copy  of  Section  4,  of  the  original  Act  of  the  General  Assem¬ 
bly,  entitled,  C£  An  Act  for  the  relief  of  Patterson  and  Witmer,  rela¬ 
tive  to  the  Manheim  and  Lebanon  Turnpike  Company  to  the  claim 
of  Thomas  Maguire,  authorizing  certain  Corporations  to  subscribe 
stock  to  the  Philadelphia,  Easton  and  Water-Gap  Railroad  Com¬ 
pany,”  and  for  other  purposes.  Approved  the  sixth  day  of  May, 
one  thousand  eight  hundred  and  fifty-two,  as  the  same  remains  on 
file  in  this  office. 

In  testimony  whereof ,  I  have  hereunto  set  my  hand  and  caused  the 
Seal  of  the  Secretary’s  Office  to  be  affixed,  at  Har- 
[seal.]  risburg,  this  sixth  day  of  May,  one  thousand  eight 
hundred  and  fifty-two. 

E.  S.  GOODRICH, 
Deputy  Secretary  of  the  Commonwealth . 


A  SUPPLEMENT 


Votes. 


Election  of  Di¬ 
rections  by  Cor¬ 
porations. 


Interest  on  in¬ 
stalments  paid 
on  stock. 


To  an  Act,  entitled ,  “  An  Act  to  Incorporate  the  Philadelphia , 
Easton  and  Water-Gap  Railroad  Company,”  approved  the 
eighth  day  of  April,  Anno  Domini,  one  thousand  eight 

hundred  and  fifty-two . 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  the 
number  of  votes  to  which  each  Stockholder  in  the  Philadelphia, 
Easton  and  Water-Grap  Railroad  Company,  shall  be  entitled,  shall 
be  according  to  the  number  of  shares  held,  in  the  proportion  follow¬ 
ing,  that  is  to  say  ;  for  each  share,  not  exceeding  five  hundred  shares, 
one  vote ;  for  every  five  shares  above  five  hundred,  and  not  exceed¬ 
ing  one  thousand  shares,  one  vote ;  for  every  ten  shades  above  one 
thousand  shares  one  vote ;  and  any  Corporation  that  shall  be 
possessed  of  five  thousand  shares  or  more  in  the  capital  stock  of  the 
Philadelphia,  Easton  and  Water-Grap  Railroad  Company,  shall,  in 
lieu  of  voting  at  the  general  elections  of  said  Company,  be  entitled 
to  elect,  by  the  constituted  authorities  thereof,  one  Director  for  each 
and  every  five  thousand  shares  held  by  said  Corporation  ;  Provided, 
That  no  Corporation  shall  elect  more  than  two  Directors,  and  that  a 
majority  of  the  Board  of  Directors  shall  at  all  times  be  elected  by 
the  private  Stockholders ;  and  if  at  any  time  Corporations  shall  be 
entitled,  under  this  provision,  to  more  than  five  Directors,  then  the 
number  of  Directors  to  which  such  Corporations  may  be  entitled  shall 
be  reduced  in  such  manner  as  shall  be  determined  upon  by  the  Direc¬ 
tors  in  office. 

Section  2.  That  the  President  and  Directors  of  said  Company 
shall  have  the  power,  if  it  shall  be  deemed  expedient  to  exercise  the 
same,  to  contract  to  pay  to  the  Stockholders  in  said  Company,  at 
such  times  as  said  President  and  Directors,  or  a  majority  of  them 
shall  designate,  interest  at  the  rate  of  six  per  centum  per  annum  on 
all '  shares  or  instalments  paid  on  the  shares  of  said  stock  till  the 
said  railroad  shall  be  completed ;  and  the  profits  or  earnings  of  the 
said  railroad,  within  the  same  time,  shall  be  credited  to  the  cost  of 
construction ;  and  all  interest  paid  shall  be  charged  to  the  cost  of 
construction :  Provided,  That  interest  shall  not  be  paid  on  any 


11 


shares  of  stock  upon  which  any  instalment,  which  has  been  duly 

called  for,  remains  unpaid :  Provided ,  further ,  That  the  stock  ofExcmptionfroin 

said  Company  shall  not  he  subject  to  any  tax  in  consequence  of  thetax‘ 

payment  of  the  interest  hereby  authorized,  nor  until  the  net  earnings 

shall  realize  at  least  six  per  centum  per  annum  upon  the  capital 

invested. 

Section  3.  That  for  the  purpose  of  enabling  said  Company  to 
extend,  complete  and  equip  their  railroad,  or  a  branch  railroad  frohi 
the  main  line  thereof  to  the  New  York  State  line,  at  any  point  east  state 

of  Bradford  county,  as  hereby  authorized,  said  Company,  in  addition line- 
to  the  powers  and  privileges  heretofore  granted,  shall  have  power 
and  authority  to  borrow  such  sum  of  money  as  may  be  deemed  necessary  Power  to  bor- 

.  .  _  .  .  row  money. 

to  carry  into  effect  the  intent  and  meaning  ot  this  section,  subject  to 
all  the  provisions  and  restrictions,  not  inconsistent  herewith,  of  the 
act  incorporating  said  Company,  approved  the  eighth  day  of  April, 

A.  D.  one  thousand  eight  hundred  and  fifty-two. 

Section  4.  That  so  much  of  any  act  of  Assembly  as  is  altered  or 
supplied  by  this  act,  is  hereby  repealed. 

W.  P.  SCHELL, 

Speaker  of  the  House  of  Representatives. 

THOS.  CARSON, 

Speaker  of  the  Senate. 

Approved  this  25th  day  of  January,  A.  D.  one  thousand  eight 
'hundred  and  fifty-three. 

WM.  BIGLER. 


Pennsylvania ,  ss. 

I  do  hereby  certify ,  that  the  foregoing  and  annexed  is  a  true  and 
correct  copy  of  an  act  of  the  General  Assembly  of  this  Common¬ 
wealth,  entitled,  “A  supplement  to  an  act,  entitled,  ‘An  act  to 
incorporate  the  Philadelphia,  Easton  and  Water-Gap  Railroad  Com¬ 
pany,  approved  the  8th  day  of  April,  1852,’  ”  and  which  is  now  on 
file  in  this  office. 

In  testimony  whereof ,  I  have  hereunto  set  my  hand,  and  caused 
the  seal  of  the  Secretary’s  Office  to  be  affixed, 
[seal.]  this  twenty-fifth  day  of  January,  A.  D.  1853. 

F.  W.  HUGHES, 
Secretary  of  the  Commonwealth. 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/actofincorporati00phil_1 


A  FURTHER  SUPPLEMENT 

To  an  Act ,  entitled ,  “  An  Act  to  Incorporate  the  Philadelphia , 

Easton  and  Water-Gap  Railroad  Company,”  approved  the 
eighth  day  of  April,  one  thousand  eight  hundred  and 
fifty-two. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met,  and  it  is  hereby  enacted  by  the  authority  of  the  same,  That  the 
fourth  section  of  an  act,  entitled,  “  An  Act  for  the  relief  of  Patter-  m  , 

Typographical 

son  and  Witmer,  relative  to  the  Manheim  and  Lebanon  turnpike  correction, 
company,  to  the  claim  of  Thomas  Maguire,  authorizing  certain  cor¬ 
porations  to  subscribe  stock  to  the  Philadelphia  Easton  and  Water 
Gap  Railroad  Company,  and  for  other  purposes,”  approved  the  sixth 
day  of  May,  one  thousand  eight  hundred  and  fifty-two,  shall  be  and 
hereby  is  so  amended  that  the  word  “  districts”  shall  be  substituted 
for  the  word  u  townships”  wherever  it  occurs  in  said  section  :  and 
the  provisions  of  said  fourth  section,  subject  to  the  stipulations 
contained  in  the  first  section  of  an  act  supplementary  to  an  act 
incorporating  said  company,  approved  the  twenty-fifth  day  of 
January,  one  thousand  eight  hundred  and  fifty-three,  are  hereby  Power  to  sub¬ 
extended  to  the  several  counties  and  to  the  municipal  and  other  extended1" to^n 
corporations  within  the  said  several  counties,  (except  the  Borough  ^taTn counties 
of  Easton,  in  the  County  of  Northampton,  and  except  also  the 
Counties  of  Lehigh,  Northampton,  Bucks,  and  Luzerne,)  into  or 
through  which  the  Philadelphia,  Easton  and  Water  Gap  Railroad 
may  pass ;  and  it  shall  be  lawful  for  said  company  to  locate  and  unre‘ 

construct  their  railroad,  by  the  most  advantageous  route,  without 
regard  to  any  intermediate  or  contiguous  county  line;  Provided, 

That  the  additional  power  hereby  granted  shall  only  authorize  said 
company  to  locate  and  construct  their  railroad,  if  it  shall  be  deemed  Right  to  locate 
expedient  so  to  do,  into  or  through  any  county  next  adjoining  either  counties™8 
of  the  counties  within  which  said  company  are  restricted  by  limita¬ 
tions  heretofore  imposed. 


Connections  Section  2.  That  said  Company  are  hereby  authorized  to  connect 

with  other  Rail-  .  r  ^  ,  47  i  . 

roads.  their  Railroad  with  any  other  Railroad  now  constructed,  or  which 

may  hereafter  be  constructed,  at  either  end,  or  at  any  intermediate 
point  on  the  line  thereof,  in  such  manner  as  may  be  deemed  most 
convenient  and  advantageous  in  each  and  every  case. 

W.  P.  SCHELL, 

Speaker  of  the  House  of  Representatives. 

THOS.  CARSON, 

Speaker  of  the  Senate. 

Approved  the  29th  day  of  March,  one  thousand  eight  hundred 
and  fifty-three. 

WM.  BIGLER. 


SECRETARY’S  OFFICE. 

Pennsylvania,  ss. 

I  do  hereby  certify  that  the  foregoing  and  annexed  is  a  true 
and  correct  copy  of  An  Act  of  the  General  Assembly  of  this  Com¬ 
monwealth,  entitled,  u  A  further  supplement  to  an  act  entitled,  c  An 
Act  to  incorporate  the  Philadelphia,  Easton  and  Water-Gap  Railroad 
Company,’  approved  the  8th  day  of  April,  1852,”  and  which  act  was 
approved  the  29th  day  of  March,  1853,  and  is  now  on  file  in  this 
office. 

In  testimony  whereof ,  I  have  hereunto  set  my  hand  and  affixed 
the  seal  of  the  Secretary’s  Office  at  Harrisburg, 
[seal.].  this  thirty-first  day  of  March,  one  thousand  eight 
hundred  and  fifty-three. 

E.  S.  GOODRICH, 

Deputy  Secretary  of  the  Commonwealth. 


Right  to  assume ,  in  lieu  of  present  title ,  the  name  of 

“THE  NORTH  PENNSYLVANIA  RAILROAD  COMPANY.” 

Section  11.  That  the  name,  style  and  title  of  “  The  Philadelphia,  power  to 
Easton  and  Water-Gap  Railroad  Company,”  be,  and  the  same  is 
hereby  changed  to,  and  said  corporation  shall  hereafter  be  known  by, 
the  name  of  “The  North  Pennsylvania  Railroad  Company,”  with 
all  the  rights,  privileges  and  immunities,  and  subject  to  all  the  pro¬ 
visions  and  penalties,  provided  for  and  enjoined  by  the  act  incorpo¬ 
rating  said  company,  and  the  several  supplements  thereto  ;  Provided , 

That  this  section  shall  not  take  effect  until  first  approved  by  the 
Board  of  Directors  of  said  Philadelphia,  Easton  and  Water-Gap 
Railroad  Company,  and  if  not  so  approved  on  or  before  the  first  day 
of  January,  one  thousand  eight  hundred  and  fifty-four,  it  shall  there¬ 
after  be  adjudged  null  and  void. 


SECRETARY’S  OFFICE. 

Pennsylvania,  ss. 

I  do  hereby  certify  the  foregoing  to  be  a  true  and  correct  copy  of 
section  eleven,  of  the  original  act  of  the  General  Assembly,  entitled, 
An  Act  relative  to  the  Estate  of  Alexander  Symington,  deceased, 
incorporating  the  Kingsessing  and  Philadelphia  Railroad  Company, 
authorizing  the  Select  and  Common  Councils  of  the  City  of  Phila¬ 
delphia  to  alter  certain  Wharf  Lines  on  the  River  Schuylkill,  to 
confirm  the  title  to  certain  real  estate  in  the  District  of  Spring 
Garden,  in  the  County  of  Philadelphia,  authorizing  the  Commission¬ 
ers  of  the  District  of  Southwark,  in  the  County  of  Philadelphia,  to 
borrow  money  for  the  building  of  wharves  and  piers,  and  changing 
the  name  of  the  Philadelphia,  Easton  and  Water-Gap  Railroad 
Company;  approved  the  eighteenth  day  of  April,  A.  D.,  one  thou¬ 
sand  eight  hundred  and  fifty-three,  as  the  same  remains  on  file  in 
this  office. 

In  testimony  whereof ,  I  have  hereunto  set  my  hand,  and  caused 
the  seal  of  the  Secretary’s  Office  to  be  hereto  affixed, 
[seal.]  at  Harrisburg,  this  twentieth  day  of  June,  A.  D., 
one  thousand  eight  hundred  and  fifty-three. 

E.  S.  GOODRICH, 

Deputy  Secretary  of  the  Commonwealth. 


■ 


*  y 

' 

. 


At  a  Meeting  of  the  Board  of  Directors  of  the  Philadelphia, 
Easton  and  Water  Gap  Railroad  Company,  held  the  3d  of  October, 
1853,  it  was  on  motion  of  John  Jordan,  Jr., 

Resolved ,  That  section  eleven  of  an  Act,  entitled  “  An  Act 
relative  to  the  estate  of  Alexander  Symington,  deceased,”  and  for 
other  purposes,  approved  the  eighteenth  day  of  April,  A.  D.  1853, 
he,  and  the  same  is  hereby  approved,  and  that  in  pursuance  of  the 
provisions  of  said  eleventh  section  of  the  Act  aforesaid,  this  Com¬ 
pany  shall  hereafter  be  known  by  the  name  of  “  The  North  Pennsyl¬ 
vania  Railroad  Company 

Extract  from  the  Minutes. 


Edward  Armstrong,  Secretary. 


GENERAL  RAILROAD  LAW  OF  PENNSYLVANIA. 


AN  ACT  REGULATING  RAILROAD  COMPANIES. 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Representa¬ 
tives  of  the  Commonwealth  of  Pennsylvania  in  General  Assembly 
met ,  and  it  is  hereby  enacted  by  the  authority  of  the  same ,  That 
■whenever  a  special  act  of  the  General  Assembly  shall  hereafter  be 
passed,  authorizing  the  incorporation  of  a  Company  for  the  construc¬ 
tion  of  a  Railroad  within  this  Commonwealth,  the  Commissioners  Commissioners, 
named  in  sucb  act,  or  any  five  of  them,  shall  have  power  to  open 
books  for  receiving  subscriptions  to  the  capital  stock  of  sucb  Com-  Subscriptions, 
pany,  at  such  time  or  times,  and  at  such  place  or  places  as  they  may 
deem  expedient,  after  having  given  at  least  twenty  days’  notice,  in 
one  or  more  newspapers,  published  in  the  county  where  books  of 
subscription  are  to  be  opened ;  and  at  the  times  and  places  so  desig¬ 
nated  and  named  in  the  public  notices  to  be  given,  as  aforesaid,  the 
said  Commissioners,  or  any  two  of  them,  shall  attend  and  furnish  to 
all  persons  duly  qualified,  who  shall  offer  to  subscribe,  an  opportunity 
of  so  doing  ;  and  it  shall  be  lawful  for  all  such  persons,  and  for  all  who  may  sut_ 
firms  and  copartnerships,  by  themselves  or  by  persons  duly  author- scnbe- 
ized,  to  subscribe  for  shares  in  said  stock ;  and  the  said  books  shall 
be  kept  open  at  least  six  hours  in  every  day,  for  the  term  of  three 
juridical  days,  or  until  there  shall  have  been  subscribed  the  whole 
number  of  shares  authorized  by  the  special  act  5  and  if  at  the  expira¬ 
tion  of  three  days,  the  books  aforesaid  shall  not  have  the  number  of 
shares  therein  subscribed,  the  said  Commissioners  may  adjourn  from 
time  to  time,  and  to  such  places  as  they  may  deem  proper,  until  the 
whole  number  of  shares  authorized,  as  aforesaid,  shall  be  subscribed, 
of  which  adjournment  the  Commissioners  aforesaid  shall  give  such 
public  notice  as  the  occasion  may  require;  and  when  the  whole 
number  of  shares  shall  be  subscribed,  the  books  shall  be  closed  : 

Provided  always ,  That  no  subscription  for  such  stock  shall  be  valid 
unless  the  party  or  parties  making  the  same,  shall,  at  the  time  of 
subscribing,  pay  to  the  said  Commissioners  five  dollars  on  each  and  Paymcnt 
every  share  subscribed,  for  the  use  of  the  Company. 

Section  2.  That  when  ten  per  centum  on  the  capital  stock,  as 
provided  by  any  special  act  of  incorporation,  shall  have  been  sub¬ 
scribed,  and  five  dollars  paid  on  each  and  every  share,  as  aforesaid, 


14 


Letters  patent. 


Privileges. 


By-laws. 


Equipments. 


Real  Estate. 


the  said  Commissioners,  or  such  of  them  as  shall  have  acted,  shall 
certify  to  the  Governor,  under  their  hands  and  seals,  the  names  of 
the  subscribers,  and  the  number  of  shares  subscribed  by  each,  and 
that  five  dollars  on  each  share  have  been  paid,  whereupon  the  Gover¬ 
nor  shall,  by  letters  patent,  under  his  hand  and  the  seal  of  the 
Commonwealth,  create  and  constitute  the  subscribers,  and  if  the 
subscription  be  not  full  at  the  time,  those  who  shall  thereafter  sub¬ 
scribe  to  the  number  of  shares  aforesaid,  their  successors  and  assigns, 
into  a  body  politic  and  corporate,  in  deed  and  in  law,  by  the  name, 
style  and  title,  designated  by  the  special  act  of  Assembly ;  and  by 
the  said  name,  style  and  title,  the  said  subscribers  shall  have  perpe¬ 
tual  succession,  with  all  the  privileges,  franchises  and  immunities 
incident  to  a  corporation,  and  be  able  to  sue  and  be  sued,  plead  and 
be  impleaded,  in  all  courts  of  record  and  elsewhere,  and  to  purchase, 
receive,  have,  hold,  use  and  enjoy  to  them  and  their  successors, 
goods,  chattels  and  estate,  real  and  personal,  of  what  kind  and  nature 
soever,  and  the  same  from  time  to  time,  to  sell,  exchange,  mortgage, 
grant,  alien,  or  otherwise  dispose  of,  and  to  make  dividends  of  such 
portion  of  the  profits  as  they  may  deem  proper ;  and  also  to  make 
and  have  a  common  seal,  and  the  same  to  alter  and  renew  at  plea¬ 
sure,  and  also  to  ordain,  establish  and  put  in  execution,  such  by¬ 
laws,  ordinances  and  regulations  as  shall  appear  necessary  or  conve¬ 
nient  for  the  government  of  said  corporation,  not  being  contrary  to 
the  constitution  and  laws  of  the  United  States,  or  of  this  Common¬ 
wealth,  and  generally  to  do  all  and  singular,  the  matters  and  things 
which  to  them  it  shall  lawfully  appertain  to  do  for  the  well  being  of 
said  corporation,  and  the  due  ordering  and  management  of  the  affairs 
thereof :  Provided ,  That  nothing  herein  contained  shall  be  con¬ 
strued  as  in  any  way  giving,  to  such  corporation,  any  banking  privi¬ 
leges  whatever,  or  any  other  liberties,  privileges,  or  franchises  but 
such  as  may  be  necessary  or  convenient  to  the  procuring,  owning, 
making,  maintaining,  regulating  and  using  their  railroad,  the  loco¬ 
motives,  machinery,  cars  and  other  appendages  thereof,  and  the  con¬ 
veyance  of  passengers,  the  transportation  of  goods,  merchandise  and 
other  commodities  thereon  :  And  provided  further ,  That  such  Com¬ 
pany  shall  not  purchase  or  hold  any  real  estate,  except  such  as  may 
be  necessary  or  convenient  for  the  making  and  constructing  of  their 
Railroad,  or  for  the  furnishing  of  materials  therefor,  and  for  the 
accommodation  of  depots,  offices,  warehouses,  machine  shops,  toll 
houses,  engine  and  water  stations,  and  other  appropriate  appurte¬ 
nances,  and  for  the  persons  and  things  employed,  or  used  in  and 
about  the  same. 


15 


Section  3.  That  the  Commissioners  named  as  aforesaid,  or  such 
of  them  as  shall  have  acted,  shall  as  soon  as  conveniently  may  be 
after  the  said  letters  patent  shall  he  obtained,  appoint  a  time  and 
place  for  the  subscribers  to  meet,  to  organize  the  Company,  and  shall  Organization, 
give  at  least  two  weeks’  notice  thereof  in  the  manner  provided  for 
in  the  first  section  of  this  act ;  and  the  said  subscribers,  when  met, 
shall  elect,  by  a  majority  of  the  votes  present,  to  be  given  in  person 
or  by  proxy,  a  President  and  twelve  Directors,  the  President  and  a 
majority  of  whom  shall  be  resident  citizens  of  this  Commonwealth, 
and  shall  be  owners  respectively  of  at  least  three  shares  in  the  stock 
of  such  Company ;  and  the  said  President  and  Directors  shall  con¬ 
duct  and  manage  the  affairs  and  business  of  said  Company,  until  the 
second  Monday  in  January  then  next  ensuing,  and  until  others  are 
chosen ;  and  may  make,  ordain  and  establish  such  by-laws,  rules, 
orders,  and  regulations,  and  perform  such  other  matters  and  things 
as  are  by  this  act  authorized  :  Provided ,  That  in  case  of  the  re¬ 
signation,  death,  or  removal  of  the  President,  the  Directors  shall, 
by  a  majority  of  votes,  supply  the  vacancy  until  the  next  annual  vacancy, 
election. 

Section  4,  That  the  Stockholders  of  such  Company  shall  meet  on 
the  second  Monday  in  January  in  every  year,  at  such  place  as  may 
be  fixed  on  by  the  by-laws,  of  which  notice  shall  be  given  at  least  Action 
two  weeks  previously  by  the  Secretary,  in  the  manner  before  men¬ 
tioned,  and  choose,  by  a  majority  of  the  votes  present,  a  President  and 
twelve  directors  qualified  as  aforesaid,  for  the  ensuing  year,  -who  shall 
continue  in  office  until  the  next  annual  election,  and  until  others  are 
chosen  j  at  which  annual  meeting  the  said  Stockholders  shall  have 
full  power  and  authority  to  make,  alter  or  repeal,  by  a  majority  of 
votes  given,  any  or  all  such  by-laws,  rules,  orders  and  regulations  as 
aforesaid,  and  do  and  perform  every  other  corporate  act  authorized 
by  their  charter ;  the  Stockholders  may  meet  at  such  other  times  and 
places  as  they  be  summoned  by  the  President  and  Directors,  in  such 
manner  and  form,  and  giving  such  notice  as  may  be  prescribed  by 
the  by-laws ;  and  the  President,  on  the  request  in  writing  of  any 
number  of  Stockholders  representing  not  less  than  one-tenth  in  in¬ 
terest,  shall  call  a  special  meeting,  giving  the  like  notice,  and  sta-  Special  meeting, 
ting  specifically  the  objects  of  the  meeting  ;  and  the  objects  stated 
in  such  notice,  and  no  other,  shall  be  acted  on  at  such  special 
meeting. 

Section  5.  The  elections  for  Directors  provided  for  in  this  act,  E]eetiong  hoyr 
shall  be  conducted  as  follows,  to  wit :  at  the  first  election  the  Com-conducte^ 
missioners  shall  appoint  three  Stockholders  to  be  judges  of  the  said 


16 


Powers. 


Quorum. 


Minutes. 


Officers. 


election,  and  to  hold  the  same  :  and  at  every  succeeding  election  the 
Directors,  for  the  time  being,  shall  appoint  three  Stockholders  for 
the  like  purpose  ;  and  the  persons  so  appointed  by  said  Commis¬ 
sioners  and  Directors,  shall  not  be  eligible  to  an  election  as  a  Director 
at  said  election,  and  shall  respectively  take  and  subscribe  an  oath  or 
affirmation,  before  an  alderman  or  justice  of  the  peace,  well  and  truly 
and  according  to  law,  to  conduct  such  election  to  the  best  of  their 
knowledge  and  ability ;  and  the  said  judges  shall  decide  upon  the 
qualifications  of  voters,  and  when  the  election  is  closed,  shall 
count  the  votes,  and  declare  who  have  been  elected  ;  and  if  at  any 
time  it  shall  happen  that  an  election  of  Directors  shall  not  be  made 
at  the  time  specified,  the  corporation  shall  not  for  that  reason  be  dis¬ 
solved  ;  but  it  shall  be  lawful  to  hold  and  make  such  election  of  Di¬ 
rectors,  on  any  day  within  three  months  thereafter,  by  giving  at  least- 
ten  days’  previous  notice  of  the  time  and  place  of  holding  said  elec¬ 
tion  in  the  manner  aforesaid;  and  the  Directors  of  the  preceding 
year  shall  in  that  case  continue  in  office,  and  be  invested  with  all 
powers  belonging  to  them  as  such,  until  others  are  elected  in  their 
stead ;  in  case  of  the  death  or  resignation  of  a  Director,  or  a  failure 
to  elect  in  case  of  a  tie  vote,  the  vacancy  may  be  filled  by  the  Board 
of  Directors ;  at  all  general  meetings  or  elections  by  the  Stock¬ 
holders,  each  share  of  stock  shall  entitle  the  holder  thereof  to  one 
vote,  and  each  ballot  shall  have  endorsed  thereon  the  number  of 
shares  thereby  represented  ;  but  no  share  or  shares  transferred  with- 
ia  sixty  days  next  preceding  any  election,  or  general  meeting  of  the 
Stockholders,  shall  entitle  the  holder  or  holders  thereof  to  vote  at 
any  such  election  or  general  meeting ;  nor  shall  any  proxy  be  re¬ 
ceived,  or  entitle  the  holder  to  vote,  unless  the  same  shall  bear  date, 
and  have  been  duly  executed  within  the  three  months  next  preceding 
such  election  or  general  meeting. 

Section  6.  That  the  President  and  Directors  of  such  Company, 
for  the  time  being,  are  hereby  authorized  and  empowered  to  exer¬ 
cise  all  the  powers  granted  to  the  corporation ;  they  shall  meet  at 
such  times  and  places  as  shall  be  by  them  deemed  most  convenient 
for  the  transaction  of  their  business,  and  when  met,  seven  shall  be 
a  quorum  to  do  business ;  the  President,  if  present,  shall  preside  at 
all  meetings  of  the  Board,  and  when  absent,  the  Board  shall  appoint 
a  President  pro.  tern. ;  they  shall  keep  minutes  of  their  proceedings 
fairly  entered  in  a  suitable  book  to  be  kept  for  that  purpose ;  they 
shall  choose  a  Secretary  and  Treasurer,  and  may  appoint  or  employ 
all  such  officers,  engineers,  agents,  superintendents,  artisans,  work¬ 
men  or  other  persons,  as  in  their  opinions  may  be  necessary  or  proper 


17 


in  the  management  of  the  affairs  and  business  of  said  corporation, 
at  such  times,  in  such  manner,  and  under  such  regulations  as  they 
may  from  time  to  time  determine  j  they  shall  fix  the  amount  of  the 
salaries  and  wages  of  such  officers  and  persons  employed  by  them,  salaries, 
and  they  may  require  bond,  with  security  in  such  amounts  as  they 
may  deem  necessary,  of  each  or  any  of  said  officers  or  other  persons 
by  them  appointed  or  employed,  for  the  faithful  discharge  of  their 
duties,  and  generally  to  do  all  such  other  acts,  matters,  and  things, 
as  by  this  act  and  the  by-laws  and  regulations  of  the  said  company, 
they  may  be  authorized  to  do. 

Section  7.  That  the  President  and  Directors  of  such  Company  CerUficates  of 
first  chosen,  shall  procure  certificates  or  evidences  of  stock  for  all  the 
shares  of  such  Company,  and  shall  deliver  one  or  more  certificates 
or  evidences,  signed  by  the  President,  countersigned  by  the  Treas¬ 
urer,  and  sealed  with  the  common  seal  of  the  corporation,  to  each 
person  or  party  entitled  to  receive  the  same,  according  to  the  num¬ 
ber  of  shares  by  him,  her,  or  them  respectively  subscribed  or  held  ; 
which  certificates  or  evidences  of  stock  shall  be  transferable  at  the  Transferable, 
pleasure  of  the  holder,  in  a  suitable  book  or  books  to  be  kept  by  the 
Company  for  that  purpose,  in  person  or  by  attorney  duly  authorized, 
in  the  presence  of  the  President  or  Treasurer,  subject,  however,  to 
all  payments  due  or  to  become  due  thereon  ;  and  the  assignee  or  party 
to  whom  the  same  shall  have  been  so  transferred,  shall  thereupon  be 
a  member  of  said  corporation,  and  have  and  enjoy  all  the  immunities, 
privileges  and  franchises,  and  be  subject  to  all  the  liabilities,  con¬ 
ditions  and  penalties  incident  thereto,  in  the  same  manner  as  the 
original  subscriber  would  have  been  :  Provided ,  That  no  certificate 
'shall  be  transferred  so  long  as  the  holder  thereof  is  indebted  to  said 
Company,  unless  the  Board  of  Directors  shall  consent  thereto  :  And 
provided ,  That  no  such  transfer  of  stock  shall  have  the  effect  of  dis¬ 
charging  any  liabilities  or  penalties  theretofore  incurred  by  the  owner 
thereof. 

Section  8.  The  Capital  Stock  of  such  Company  shall  be  divided  Capital  gtoek 
into  shares  of  fifty  dollars  each,  and  shall  be  called  in  and  paid  at Shares- 
such  times  and  places,  and  in  such  proportions  and  instalments  not,  instalment, 
however,  exceeding  five  dollars  per  share  in  any  period  of  thirty 
days,  as  the  Directors  shall  require,  of  which  public  notice  shall  be 
given  for  at  least  two  weeks  next  preceding  the  time  or  times  ap¬ 
pointed  for  that  purpose,  in  the  manner  above  mentioned ;  and  if 
any  Stockholder  shall  neglect  to  pay  such  proportion  or  instalment  so 
called  for  at  the  time  and  place  appointed,  he,  she,  or  they  shall  be 
liable  to  pay,  in  addition  to  the  proportion  or  instalment  so  called  for, 

2 


18 


lerfciture. 


Dividends. 


Liability  of 
rectors. 


Lc  cation. 


at  the  rate  of  one  per  cent,  per  month  for  the  delay  of  such  payment : 
and  if  the  same  and  the  additional  penalty,  or  any  part  thereof,  shall 
remain  unpaid  for  the  period  of  six  months,  he,  she,  or  they  shall, 
at  the  discretion  of  the  Directors,  forfeit  to  the  use  of  the  Company, 
all  right,  title  and  interest  in  and  to  every  and  all  share  or  shares, 
on  account  of  which  such  default  in  payment  may  be  made  as  afore¬ 
said,  or  the  Directors  may,  at  their  option,  cause  suit  to  be  brought 
before  any  competent  tribunal,  for  the  recovery  of  the  amount  due 
on  such  shares,  together  with  the  penalty  of  one  per  cent,  per  month 
as  aforesaid ;  and  in  the  event  of  a  forfeiture,  the  share  or  shares  so 
forfeited,  may  be  disposed  of  at  the  discretion  of  the  President  and 
Directors,  under  such  rules  and  regulations  as  may  be  prescribed  by 
the  by-laws.  No  Stockholder  shall  be  entitled  to  vote  at  any  election, 
nor  at  any  general  or  special  meeting  of  the  Company,  on  whose 
share  or  shares  any  instalment  or  arrearages  may  be  due  more  than 
thirty  days  next  preceding  said  election  or  meeting :  Provided, ,  That 
no  forfeiture  of  stock  shall  release  or  discharge  the  owner  thereof 
from  any  liabilities  or  penalties  incurred  prior  to  the  time  of  such 
forfeiture. 

Section  9.  That  the  dividends  of  so  much  of  the  profits  of  such 
Company  as  shall  appear  advisable  to  the  Directors,  shall  be 
declared  in  the  months  of  July  and  January  in  each  and  every  year, 
and  be  paid  to  the  Stockholders  or  their  legal  representatives,  on 
application  at  the  office  of  such  Company,  at  any  time  after  the  expi¬ 
ration  of  ten  days  from  the  time  of  declaring  the  same ;  but  the  said 
dividends  shall  in  no  case  exceed  the  amount  of  the  net  profits 
actually  acquired  by  the  Company,  so  that  the  capital  stock  shall 
never  be  impaired  thereby ;  and  if  the  said  Directors  shall  make  any 
dividend  which  shall  impair  the  capital  stock  of  the  Company,  the 
i-  Directors  consenting  thereto  shall  be  liable,  in  their  individual 
capacities,  to  such  Company  for  the  amount  of  the  capital  stock  so 
divided,  recoverable  by  action  of  debt  as  in  other  cases  ;  and  each 
Director  present  when  such  dividend  shall  be  declared,  shall  be  con¬ 
sidered  as  consenting  thereto,  unless  he  forthwith  enter  his  protest 
on  the  minutes  of  the  Board,  and  give  public  notice  to  the  Stock¬ 
holders  of  the  declaring  of  such  dividend. 

Section  10.  That  the  President  and  Directors  of  such  Company 
shall  have  power  and  authority  by  themselves,  their  engineers,  super¬ 
intendents,  agents,  artizans  and  workmen,  to  survey,  ascertain, 
locate,  fix,  mark,  and  determine  such  route  for  a  Railroad  as  they 
may  deem  expedient,  not  however  passing  through  any  burying- 
ground  or  place  of  public  worship,  or  any  dwelling-house  in  the 


19 


occupancy  of  the  owner  or  owners  thereof,  without  his,  her,- or  their 
consent,  and  not  except  in  the  neighborhood  of  deep  cuttings,  or  high 
embankments,  or  places  selected  for  sidelings,  turnouts,  depots, 
engine  or  water  stations,  to  exceed  sixty  feet  in  width,  and  thereon 
to  lay  down,  erect,  construct  and  establish  a  Railroad,  with  one  or 
more  tracks,  with  such  branches  or  lateral  roads  as  may  be  specially 
authorized,  and  with  such  bridges,  viaducts,  turnouts,  sidelings,  or 
other  devices  as  they  may  deem  necessary  or  useful  between  the 
points  named  in  the  special  act  incorporating  such  Company,  com¬ 
mencing  at  or  within,  and  extending  to  or  into  any  town,  city  or  May  extend  into 

°  J  J  any  town,  city 

village,  named  as  the  place  of  beginning  or  terminus  of  such  road ;  or  village, 
and  in  like  manner,  by  themselves,  or  other  persons  by  them  ap¬ 
pointed  or  employed  as  aforesaid,  to  enter  upon  and  into,  and  occupy 
all  land  on  which  the  said  Railroad  or  depots,  warehouses,  offices, 
toll-houses,  .engines  and  water  stations,  other  buildings  or  appurte-  Jian?  and  mate* 
nances  hereinbefore  mentioned  may  be  located,  or  which  may  be 
necessary  or  convenient  for  the  erection  of  the  same,  or  for  any  pur¬ 
pose  necessary  or  useful  in  the  construction,  maintenance  or  repairs 
of  said  Railroad,  and  therein  and  thereon  to  dig,  excavate  and  em¬ 
bank,  make,  grgde,  and  lay  down  and  construct  the  same ;  and  it 
shall  in  like  manner  be  lawful  for  such  Company,  their  officers,  agents, 
engineers,  contractors  or  workmen,  with  their  implements  and  beasts 
of  draught  or  burden,  to  enter  upon  any  lands  adjoining  or  in  the 
neighborhood  of  their  Railroad,  so  to  be  constructed,  and  to  quarry, 
dig,  cut,  take  and  carry  away  therefrom,  any  stone,  gravel,  clay, 
sand,  earth,  wood,  or  other  suitable  material  necessary  or  proper  for 
the  construction  of  any  bridges,  viaduct  or  other  buildings,  which 
may  be  required  for  the  use,  maintenance  or  repairs  of  said  Railroad  : 

Provided ,  That  before  such  Company  shall  enter  upon  or  take  pos¬ 
session  of  any  such  lands  or  materials,  they  shall  make  ample  com-  Security, 
pensation  to  the  owner  or  owners  thereof,  or  tender  adequate  security 
therefor :  Provided  further ,  That  the  timber  used  in  the  construc¬ 
tion  or  repair  of  said  Railroad,  shall  be  obtained  from  the  owner Timber- 
thereof,  only  by  agreement  or  purchase  :  And  provided  further ,  That 
whenever  any  Company  shall  locate  its  road  in  and  upon  any  street  Occupation  of 
or  alley,  in  any  city  or  borough,  ample  compensation  shall  be  made 
to  the  owners  of  lots  fronting  upon  such  street  or  alley,  for  any 
damages  they  may  sustain,  by  reason  of  any  excavation  or  embank¬ 
ment  made  in  the  construction  of  such  road,  tb  be  ascertained  as 
other  damages  are  authorized  to  be  ascertained  by  this  Act. 

Section  11.  That  when  the  said  Company  cannot  agree  with  the  Damages,  how 
e  .  ,  .  .  ,  0  ascertained  and 

owner  or  owners  ot  any  lands  or  materials,  tor  the  compensation  adjusted. 


20 


proper  for  the  damage  done  or  likely  to  he  done  to,  or  sustained  by 
any  such  owner  or  owners  of  such  lands  or  materials,  which  such 
Company  may  enter  upon,  use  or  take  away,  in  pursuance  of  the 
authority  hereinbefore  given,  or  by  reason  of  the  absence  or  legal 
incapacity  of  any  such  owner  or  owners,  no  such  compensation  can 
be  agreed  upon,  the  Court  of  Common  Pleas  of  the  proper  county,  on 
application  thereto  by  petition,  either  by  said  Company  or  owner 
or  owners,  or  any  one  in  behalf  of  either,  shall  appoint  seven  discreet 
and  disinterested  freeholders  of  said  county,  neither  of  whom  shall 
be  residents  or  owners  of  property  upon  or  adjoining  the  line  of  such 
Railroad,  and  appoint  a  time,  not  less  than  twenty  nor  more  than 
thirty  days  thereafter,  for  said  viewers  to  meet  at  or  upon  the  pre¬ 
mises  where  the  damages  are  alleged  to  be  sustained,  of  which  time 
and  place  ten  days’  notice  shall  be  given  by  the  petitioner  to  the 
said  viewers  and  the  other  party ;  and  the  said  viewers  or  any  five 
of  them  having  been  first  duly  sworn  or  affirmed,  faithfully,  justly 
and  impartially  to  decide,  and  true  report  to  make  concerning  all 
matters  and  things  to  be  submitted  to  them,  and  in  relation  to 
which  they  are  authorized  to  inquire  in  pursuance  of  the  provisions 
of  this  Act,  and  having  viewed  the  premises,  they  shall  estimate 
and  determine  the  quantity,  quality  and  value  of  said  lands  so  taken  or 
occupied,  or  to  be  so  taken  or  occupied,  or  the  materials  so  used  or 
taken  away,  as  the  case  may  be,  and  having  a  due  regard  to  and  making 
just  allowance  for  the  advantages  which  may  have  resulted,  or  which 
may  seem  likely  to  result  to  the  owner  or  owners  of  said  land  or  ma¬ 
terials,  in  consequence  of  the  making  or  opening  of  said  Railroad, 
and  of  the  construction  of  works  connected  therewith  ;  and  after 
having  made  a  fair  and  just  comparison  of  said  advantages  and  dis¬ 
advantages,  they  shall  estimate  and  determine  whether  any,  and  if 
any,  what  amount  of  damages  has  been  or  may  be  sustained,  and  to 
whom  payable,  and  make  report  thereof  to  the  said  Court ;  and  if 
any  damages  be  awarded,  and  the  report  be  confirmed  by  the  said 
Court,  judgment  shall  be  entered  thereon  ;  and  if  the  amount  thereof 
be  not  paid  within  thirty  days  after  the  entry  of  such  judgment, 
execution  may  then  issue  thereon  as  in  other  cases  of  debt,  for  the 
sum  so  awarded,  and  the  costs  and  expenses  incurred  shall  be 
defrayed  by  the  said  Railroad  Company ;  and  each  of  said  viewers 
shall  be  entitled  to  one  dollar  and  fifty  cents  per  day  for  every  day 
necessarily  employed  in  the  performance  of  the  duties  herein  pre¬ 
scribed,  to  be  paid  by  such  Railroad  Company. 

Section  12.  That  whenever,  in  the  construction  of  such  road  or 
roads,  it  shall  be  necessary  to  cross  or  intersect  any  established  road 


21 


or  way,  it  shall  be  the  duty  of  the  President  and  Directors  of  the 
said  Company,  so  to  construct  the  said  road  across  such  established 
road  or  way,  as  not  to  impede  the  passage  or  transportation  of  persons 
or  property  along  the  same ;  and  that,  for  the  accommodation  of  all 
persons  owning  or  possessing  land  through  which  the  said  Railroad 
may  pass,  it  shall  be  the  duty  of  such  Company  to  make  or  cause  to 
be  made,  a  good  and  sufficient  causeway  or  causeways,  whenever  Causeways, 
the  same  may  be  necessary  to  enable  the  occupant  or  occupants  of 
said  lands  to  cross  or  pass  over  the  same,  with  wagons,  carts  and 
implements  of  husbandry,  as  occasion  may  require  ;  and  the  said 
causeway  or  causeways,  when  so  made,  shall  be  maintained  and  kept 
in  good  repair  by  such  Company ;  and  if  the  said  Company  shall  To  be  kept  in 
neglect  or  refuse,  on  request,  to  make  such  causeway  or  causeways, g00d  repair’  &c- 
or  when  made,  to  keep  the  same  in  good  order,  the  said  Company 
shall  be  liable  to  pay  any  person  aggrieved  thereby,  all  damages  sus¬ 
tained  by  such  person  in  consequence  of  such  neglect  or  refusal ; 
such  damages  to  be  assessed  and  ascertained  in  the  same  manner  as 
provided  in  the  last  section  for  the  assessment  of  damages  :  Provided , 

That  the  said  Company  shall,  in  no  case,  be  required  to  make  or 
cause  to  be  made,  more  than  one  causeway  through  each  plantation 
or  lot  of  land,  for  the  accommodation  of  any  one  person  owning  or 
possessing  land  through  which  the  said  Railroad  may  pass  ;  and 
where  any  public  road  shall  cross  such  Railroad,  the  person  owning 
or  possessing  land  through  which  the  said  public  road  may  pass, 
shall  not  be  entitled  to  require  the  Company  to  erect  or  keep  in  re¬ 
pair  any  causeway  or  bridge  for  the  accommodation  of  the  occupant 
of  said  land. 

Section  13.  That  if  any  such  Railroad  Company  shall  find  it  Change  of  loca- 
necessary  to  change  the  site  of  any  portion  of  any  turnpike  or  public 
road,  they  shall  cause  the  same  to  be  re-constructed  forthwith  at 
their  own  proper  expense,  on  the  most  favorable  location,  and  in  as 
perfect  a  manner  as  the  original  road  :  Provided ,  That  the  damages 
incurred  in  changing  the  location  of  any  road  authorized  by  this  sec¬ 
tion,  shall  be  ascertained  and  paid  by  such  Company,  in  the  same 
manner  as  is  provided  for  in  regard  to  the  location  and  construction 
of  their  own  road. 

Section  14.  That  in  all  suits  or  actions  against  such  Company,  SorviceofFro_ 
the  service  of  process  on  the  President,  Secretary,  Treasurer,  Engi- cess- 
neer,  Agent  or  any  Director  of  the  same,  shall  be  good  and  available 
in  law ;  but  no  suit  or  action  shall  be  prosecuted  by  any  person  or 
persons,  for  any  penalties  incurred  under  this  Act,  unless  such  suit 
or  action  shall  be  commenced  within  two  years  next  after  the  offence 


22 


Penalty  for  mi; 
demeanor. 


committed  or  cause  of  action  accrued  j  and  the  defendants  in  such 
suit  or  action  may  plead  the  general  issue,  and  give  this  act  and  the 
special  matter  in  evidence,  and  that  the  same  was  done  in  pursuance 
and  by  authority  of  this  act. 

Penalty  for  com-  Section  15.  That  if  any  person  or  persons  shall  wilfully  and 
Sworki5nicries knowingly  break,  injure  or  destroy,  any  Railroad  authorized  by  spe¬ 
cial  Act  of  Assembly,  or  any  part  thereof,  or  any  edifice,  device, 
property  or  work,  or  any  part  thereof,  or  any  machinery,  engine, 
car,  implement  or  utensil,  erected,  owned  or  used  by  such  Company, 
in  pursuance  of  this  Act,  he,  she  or  they  so  offending,  shall  forfeit 
and  pay  to  such  Company,  three  times  the  actual  damage  so  sustain¬ 
ed,  to  be  sued  for  and  recovered  with  full  costs,  before  any  tribunal 
having  cognizance  thereof,  by  action  in  the  name  and  for  the  use  of 
the  Company. 

Section  16.  That  if  any  person  or  persons  shall  wilfully  and  ma¬ 
liciously  remove  or  destroy  any  part  of  the  road,  property,  buildings 
or  other  works,  belonging  to  such  Company,  or  place,  designedly  and 
with  evil  intent,  any  obstruction  on  the  line  of  such  Railroad,  so  as 
to  jeopard  the  safety  or  endanger  the  lives  of  persons  traveling  on  or 
over  the  same,  such  person  or  persons  so  offending,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  be  imprisoned  in 
the  county  jail  or  penitentiary,  at  the  discretion  of  the  court,  for  a 
term  not  more  than  three  years  :  Provided ,  That  nothing  herein  con¬ 
tained  shall  prevent  the  Company  from  pursuing  any  other  appro¬ 
priate  remedy  at  law  in  such  cases. 

Section  17.  That  at  each  annual  meeting  of  the  Stockholders  of 
any  such  Company,  the  President  and  Managers  of  the  preceding 
year  shall  exhibit  to  them  a  full  and  complete  statement  of  the  affairs 
and  procedings  of  the  Company  for  such  year,  with  all  such  matters 
as  shall  be  necessary  to  convey  to  the  Stockholders  a  full  knowledge, 
of  the  condition  and  affairs  of  said  Company ;  and  the  said  President 
and  Directors  of  every  such  Company  shall,  whenever  required,  fur¬ 
nish  to  the  Legislature,  or  either  branch  thereof,  a  full  and  authentic 
report  of  their  affairs  and  transactions,  or  such  information  relating 
thereto  as  may  be  demanded  of  them. 

Section  18.  That  upon  the  completion  of  any  Railroad  authorized 
as  aforesaid,  the  same  shall  be  esteemed  a  public  highway  for  the 
conveyance  of  passengers,  and  the  transportation  of  freight,  subject 
to  such  rules  and  regulations,  in  relation  to  the  same,  and  to  the  size 
and  construction  of  wheels,  cars,  and  carriages,  the  weight  of  loads, 
and  all  other  matters  and  things  connected  with  the  use  of  said  Rail¬ 
road,  as  the  President  and  Directors  may  prescribe  and  direct:  Pro - 


Statement  of  af¬ 
fairs,  &c. 


Public  high¬ 
ways. 


23 


vided,  That  the  said  Company  shall  have  the  exclusive  control  of  the 
motive  power,  and  may  from  time  to  time  establish,  demand  and  re"  Motive  power 
ceive  such  rates  of  toll,  or  other  compensation,  for  the  use  of  such 
road  and  of  said  motive  power,  and  for  the  conveyance  of  passengers, 
the  transportation  of  merchandize  and  commodities,  and  the  cars,  or 
other  vehicles  containing  the  same,  or  otherwise  passing  over  or  on 
the  said  Railroad,  as  to  the  President  and  Directors  shall  seem  rea¬ 
sonable  :  Provided  however  nevertheless ,  That  said  rates  of  toll  and 
motive  power  charges  so  to  be  established,  demanded  or  received,  TolJ 
when  the  cars  used  for  such  conveyance  or  transportation,  are  owned 
or  furnished  by  others,  shall  not  exceed  two  and  one  half  cents  per 
mile  for  each  passenger,  three  cents  per  mile  for  each  ton  of  two 
thousand  pounds  of  freight,  three  cents  per  mile  for  each  passenger 
or  baggage  car,  and  two  cents  per  mile  for  each  burden  or  freight 
car,  every  four  wheels  being  computed  a  car ;  and  in  the  transpor¬ 
tation  of  passengers,  no  charge  shall  be  made  to  exceed  three  cents 
per  mile  for  through  passengers,  and  three  and  a  half  cents  per  mile 
for  way  passengers. 

Section  19.  That  if  any  Company  incorporated  as  aforesaid,  shall  commencement 
not  commence  the  construction  of  their  proposed  Railroad  within  of  roa!impleUou 
three  years,  and  complete  and  open  the  same  for  use,  with  at  least 
one  track,  within  the  term  prescribed  by  the  special  act  authorizing 
the  same,  or  if  after  completion  the  said  Railroad  shall  be  suffered 
to  go  into  decay,  and  be  impassable  for  the  term  of  two  years,  then 
this  charter  shall  be  null  and  void,  except  so  far  as  to  compel  the 
said  Company  to  made  reparation  for  damages. 

Section  20.  That  if  any  Company  incorporated  as  aforesaid,  shall Reservatlon- 
at  any  time  misuse  or  abuse  any  of  the  privileges  granted  by  this 
act,  or  by  the  special  act  of  incorporation,  the  Legislature  may  re¬ 
voke  all  and  singular  the  rights  and  privileges  so  granted  to  such 
Company  ;  and  the  Legislature  hereby  reserves  the  power  to  resume, 
alter  or  amend  any  charter  granted  under  this  act,  and  take  for 
public  use  any  road  constructed  in  pursuance  of  such  charter  :  Pro -  compensation. 
vided ,  That  in  resuming,  altering,  or  amending  said  charters,  no  in¬ 
justice  shall  be  done  to  the  corporators ;  and  that  in  taking  such 
roads  for  public  use,  full  compensation  shall  be  made  to  the  Stock¬ 
holders.  WILLIAM  F.  PACKER, 

Speaker  of  the  House  of  Representatives . 

GEORGE  DARSIE, 

Speaker  of  the  Senate. 

Approved — The  nineteenth  day  of  February,  one  thousand  eight 
hundred  and  forty-nine.  WM.  F.  JOHNSTON. 


I 


